Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 643

Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion to Compel Discovery Relating to Its Affirmative Defenses and Counterclaims (Dkt No. 600) filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration in Support of Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Proposed Public Redacted Version of Samsung's Opposition to Apple's Motion to Compel, #4 Redacted Kim Declaration, #5 Redacted Chan Declaration, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5-1, #11 Exhibit 5-2, #12 Exhibit 5-3, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12)(Maroulis, Victoria) (Filed on 1/17/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK-PSG



DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL ITS OPPOSITION TO
APPLE’S MOTION TO COMPEL
RELATING TO AFFIRMATIVE
DEFENSES/COUNTERCLAIMS



Plaintiff,
vs.

 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

Defendants.






02198.51855/4554580.1

Case No. 11-cv-01846-LHK
CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

I, Melissa N. Chan, declare:

2

1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”).

Unless otherwise indicated, I

5 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
6 could and would testify as follows.
7

2.

Samsung files its administrative motion for an order to seal to protect the

8 confidentiality of information discussed in Samsung’s Opposition to Apple’s Motion to Compel
9 Relating to Affirmative Defenses/Counterclaims ("Samsung's Opposition"), the Declaration of
10 Rosa Kim in Support of Samsung’s Opposition to Apple’s Motion to Compel Relating to
11 Affirmative Defenses/Counterclaims (“Kim Declaration”) the Declaration of Melissa Chan in
12 Support of Samsung’s Opposition to Apple’s Motion to Compel Relating to Affirmative
13 Defenses/Counterclaims (“Chan Declaration”) and Exhibits 1, 2, 7, 8, 9, 10 and 11 of the Chan
14 Declaration.

Those documents contain information declared by the parties to be HIGHLY

15 CONFIDENTIAL — ATTORNEYS EYES ONLY.
16

3.

Both Samsung's Opposition and the Chan Declaration discuss and quote from the

17 information contained in the exhibits described below, which have all been designated as highly
18 confidential by the parties.
19

4.

20 Kolovos.

Exhibit 1 consists of a letter dated January 6, 2012 from Sara Jenkins to Peter
This document contains confidential business information regarding Samsung's

21 personnel and the manner in which it stores documents, and has accordingly been designated as
22 HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY.
23

5.

Exhibit 2 consists of a letter dated November 2, 2011 from Jason Bartlett to

24 Marissa Ducca. This document has been designated by Apple as HIGHLY CONFIDENTIAL —
25 ATTORNEYS EYES ONLY.
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02198.51855/4554580.1

Case No. 11-cv-01846-LHK
-2CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

6.

Exhibit 7 consists of excerpts from the deposition transcript of Dr. Joonyoung Cho,

2 a Samsung witness.

This document contains confidential business information about Dr. Cho's

3 work on the patents-in-suit and his participation in standards bodies on behalf of Samsung and has
4 been designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY.
5

7.

Exhibit 8 consists of excerpts from the deposition transcript of Jae-Seung Yoon, a

6 Samsung witness.

This document contains confidential business information about Dr. Yoon's

7 work on the patents-in-suit and has been designated as HIGHLY CONFIDENTIAL —
8 ATTORNEYS EYES ONLY.
9

8.

Exhibit 9 consists of excerpts from the deposition transcript of Dr. Juho Lee, a

10 Samsung witness.

This document contains confidential business information about Dr. Lee's

11 work on the patents-in-suit and his participation in standards bodies on behalf of Samsung and has
12 been designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY.
13

9.

Exhibit 10 consists of excerpts from the deposition transcript of Gert-Jan Van

14 Lieshout, a Samsung witness.

This document contains confidential business information work

15 on the patents-in-suit and his participation in standards bodies on behalf of Samsung and has been
16 designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY.
17

10.

Exhibit 11 consists of excerpts from the deposition transcript of Jeong-Seok Oh, a

18 Samsung witness.

This document contains confidential business information about Mr. Oh's

19 work on the patents-in-suit and has been designated as HIGHLY CONFIDENTIAL —
20 ATTORNEYS EYES ONLY.
21

11.

Exhibit 12 consists of a letter sent to counsel for Apple from counsel for Samsung.

22 This document contains confidential business information about how Samsung's maintains its
23 financial records, as well as information reflected in Samsung's technical documents, and has been
24 designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY.
25
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02198.51855/4554580.1

Case No. 11-cv-01846-LHK
-3CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

12.

The Kim Declaration contains information related to Samsung's confidential

2 business strategies, which is maintained as highly confidential in the ordinary course of business
3 and not disclosed to its competitors.
4

13.

The requested relief is necessary and narrowly tailored to protect this confidential

5 information.
6

I declare under penalty of perjury that the foregoing is true and correct.

Executed in

7 Redwood Shores, California on January 17, 2012.
8
9

s/ Melissa Chan

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02198.51855/4554580.1

Case No. 11-cv-01846-LHK
-4CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1
2

General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration.

In compliance with General Order 45(X)(B), I hereby attest that Melissa N. Chan

4 has concurred in this filing.
5

/s/ Victoria Maroulis

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02198.51855/4554580.1

Case No. 11-cv-01846-LHK
-5CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL